1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Fraud laws

Discussion in 'Consumer Fraud & Scams' started by Grey17, Mar 20, 2018.

  1. Grey17

    Grey17 Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Florida
    I know this may be a dumb question but what is required to have a case on Fraud? What if there was only a attempt and no actual loss, are there any laws or punishments for fraud attempts ? Does the law even look at that? Thanks for your time!
     
  2. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,282
    Likes Received:
    3,028
    Trophy Points:
    113

    There's a difference between criminal and civil fraud.

    I doubt that the authorities will take the time to prosecute somebody who tried to commit fraud but didn't succeed. I can't say that the attempt itself is a criminal act because Florida has so many criminal fraud statutes. You're welcome to look up yours:

    Statutes & Constitution :View Statutes : Online Sunshine

    As for civil fraud, to pursue a lawsuit against somebody you would have to have monetary damages. If the fraud didn't succeed and you have no monetary damages you have nothing to sue for.

    Care to explain what happened to you?
     
  3. Grey17

    Grey17 Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    My best friend submitted a application to SNAP for food stamps and Medicaid and knowingly withheld her income and the interviewer saw it and did not specify if she was going to prosecute her. She wants to know if they can if she never received food stamps. And if they can what should she expect and what should she do? This happened this past day.
     
  4. army judge

    army judge Super Moderator

    Messages:
    33,870
    Likes Received:
    5,511
    Trophy Points:
    113

    This will assist you in helping educate your friend.
    Have her read it, watch the video, and prepare for any storm that might come her way.

    Never lie to any government official, even the dogcatcher.

    Food Stamp crimes can be prosecuted federally, and this current regime aggressively goes after all cheaters.

    Today's statutes prosecuting various fraud offenses were once known under early English common law as larceny by trick.

    The eight most common fraud offenses in Florida are for:

    1 = obtaining property by impersonation (forms of identity theft)
    2 = making false statements to obtain property or credit
    3 = misleading and false advertisements
    4 = making false reports by officers of banks or other persons of trust
    5 = insurance fraud
    6 = sale of used goods as new
    7 = false report of commission of a crime
    8 = criminal use of personal identification of information, uttering or forgery.

    As far as ATTEMPTING to commit any crime, yep, there's a stat for that:

    Florida Statute 777.04 prohibits anyone from attempting, soliciting, or conspiring to commit a crime. A way to think about these crimes is that they are all stops along the road to committing a crime, each one getting closer to the intended destination. Attempt can be committed with one person while solicitation and conspiracy necessarily involve the actor and two or more people.

    Chapter 777 Section 04 - 2012 Florida Statutes - The Florida Senate

    If a prosecutor or a law enforcement official requests to speak to you about ANY crime, your correct response should be, "Sorry, I invoke my rights to remain silent and consult with a lawyer."

    No matter what is said, or whatever trick or connivance is employed, keep repeating, "Sorry, I invoke my rights to remain silent and consult with a lawyer" anytime the subject of crime is raised.

    It is okay to provide your name, address, date of birth, sex, race, and other identifying date, but always be TRUTHFUL.

    You should always remain calm, never raise your voice, your hands above your waist, use profanity, or be anything but polite!

    If you are arrested, repeat the criminal defendant's mantra: "Sorry, I invoke my rights to remain silent and consult with a lawyer."

    Never try to explain anything, and if you don't know, don't lie, say, "Sorry, I don't recall."

    Now, watch this excellent video by a lawyer who knows his stuff and enjoys helping educate the public:



    ..............................................................................
     
  5. zddoodah

    zddoodah Well-Known Member

    Messages:
    4,862
    Likes Received:
    1,349
    Trophy Points:
    113

    What you're describing is a crime under both federal and state law (it might be fraud or attempted fraud or just perjury). Can she be prosecuted even though she received no benefits. Yes. Will she be prosecuted? Your guess is as good as mine.
     
  6. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,282
    Likes Received:
    3,028
    Trophy Points:
    113

    All she can do is sweat it out and keep her mouth shut.

    On an optimistic note, a 2012 report prepared for the Florida Strike Force on Medicaid and Public Assistance Fraud revealed that:

    "during (Federal) fiscal year 2010, the state of Florida conducted over 51,000 investigations, approximately 16,000 of which were pre-certification investigations and 35,000 of which were post-certification investigations. Of those 51,000 investigations, 18,000 resulted in a positive determination of fraud (a 35 percent rate compared to the national average of 27 percent). Of those, approximately 4,100 were post-certification instances involving approximately $5.7 million in disbursements. The investigations resulted in 291 prosecutions which led to 283 convictions and eight acquittals. These 283 convictions involved over $900,000 of fraudulent activity."

    http://oig.sc.gov/Documents/Statistical_Analysis_of_Fraud_in_the_Florida_Food_Assistance_Program.pdf

    I don't have more recent figures but it does appear that the chances of prosecution are rather low.

    Of course, there's always the chance that she just picked the wrong day to attempt fraud and somebody might want to make an example of her.

    As I said: Sweat it out and keep mouth shut.
     
  7. Grey17

    Grey17 Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Thank you all for the information, I showed her this thread and she is waiting to see what is going to happen, I'll update later!
     
  8. army judge

    army judge Super Moderator

    Messages:
    33,870
    Likes Received:
    5,511
    Trophy Points:
    113


    Please do, we love to hear about happy endings.
     

Share This Page